CONSERVATIVES (and, one trusts, many liberals) have been appalled by Sen. Durbin’s comparison last Tuesday, on the Senate floor, between “what Americans had done to prisoners in their control” at Guantanamo and what was done by Nazis, Soviets, and Pol Pot. Conservatives (and, one trusts, many liberals) have also been appalled by Sen. Durbin’s non-apology last Friday: “I have learned from my statement that historical parallels can be misused and misunderstood.” In other words, Sen. Durbin apparently still believes there could be a proper use and understanding of an “historical parallel” between American soldiers and Nazis.

So what, if anything, is to be done? Newt Gingrich, my friend Hugh Hewitt, and others have suggested that Sen. Durbin should be censured by the Senate. His comments are, to be sure, deserving of censure. But is this the best action to push for? For one thing, Democrats can explain that resolutions of censure have typically been reserved for ethics violations, not for meretricious statements–thereby perhaps succeeding in confusing the debate and wriggling off the hook. And asking for passage of such a resolution puts the burden on the Republican majority to act–which raises the possibility, maybe a probability, that the attempt will seem partisan if pursued, and if Republicans at some point back off, will then make them look weak as well.